Current as of: 2010
(a) A request for a contested case hearing in accordance with the procedures specified in this section may be made by:
(1) a business entity, upon a Commission determination of probable cause for one or more of the allegations stated in the complaint against the business entity, and failure of timely conciliation; or
(2) a complainant on a Commission determination that the complainant has filed a knowingly false or frivolous complaint.
(b) (1) To submit a matter to an administrative hearing as a contested case under this title, the business entity or the complainant must request a contested case hearing by filing a written notice with the Commission within 15 calendar days of notice of the initial findings and recommendations.
(2) The notice must contain the following information:
(i) a demand that the matter be referred to the Office of Administrative Hearings for a contested case hearing in accordance with § 10–205(c)(2) of the State Government Article;
(ii) the names, addresses, and telephone numbers of the Commission, the business entity’s representatives, and any other parties;
(iii) a reference to this title; and
(iv) a summary of the Commission’s findings and recommendations that are being submitted for resolution to the administrative law judge for the contested case hearing.
(3) The requesting party shall immediately serve notice of the request for a contested case hearing upon all other parties.
(c) If the business entity fails to properly request a contested case hearing, the initial findings and recommendations of the Commission shall become the final administrative decision of the State, and the Commission shall then be authorized to enter any order and to take any action reasonably necessary or convenient to:
(1) implement remedies under § 19–110 of this title;
(2) impose sanctions under § 19–111 of this title; and
(3) govern the conduct of the parties in the manner described under § 19–112 of this title so that the purposes of this title are achieved.
(d) (1) (i) For each contested case hearing properly requested by the business entity or by the complainant, the Commission shall file a statement of charges with the Office of Administrative Hearings and request a hearing before an administrative law judge in a manner consistent with the requirements of this subsection.
(ii) The Commission may designate the venue for the contested case hearing, taking into consideration the convenience of the parties and the location of the evidence.
(iii) At the contested case hearing, the Commission shall have the burden of proof by a preponderance of the evidence.
(2) The Office of Administrative Hearings shall conduct any contested case hearing in accordance with its rules of procedure under COMAR 28.02.01.
(3) (i) At the conclusion of the contested case hearing, the administrative law judge shall issue a written decision.
(ii) The administrative law judge’s written decision may:
1. affirm or reject all or part of the statement of charges; or
2. substitute different findings and recommend appropriate remedies.
(4) The administPrev
Questions & Answers: Finance
Maryland Laws: Finance